Role of the Attorney-Advocate

     The role of the attorney can depend on the case, and the style of mediation. 

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     Prior to the beginning of the mediation, some of the attorney's key duties include selecting and/or researching the mediator and preparing both themselves and the client for the mediation. If mediation is optional, the attorney should work with the client to determine whether it is the best-suited method of dispute resolution for the case. As part of this process, and before beginning any mediation, the attorney should set aside time to educate the client on mediation and its components and benefits.

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     It is important that the attorney conference with the client to determine the appropriate and preferred share of responsibilities. The attorney should work with the client and consider the circumstances of the case to determine the appropriate mix of active advocacy and passive support. While the attorney should always advocate for their client and make sure the client's interests are being met, some clients may be best served by taking advantage of the opportunity to be active in the conversation that mediation allows.

    If the attorney is part of the mediator selection process, they should consult with their client about the different models of mediation and evaluate the case to determine what style of mediator would be best. 

 

     During the course of mediation, some of the typical attorney responsibilities include defending and shielding the client, reframing the client's statements to translate positions to interests, and handling questions of relevant law. By having the attorney handling these topics, the attorney provides a base of support from which the client is free to share and work through their emotions.

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     See "Working with the Mediator" and "Client Preparation" to learn more about your role and responsibilities in mediation.